In May 2009 a North Carolina-based restaurant entered a three-year consent decree to pay $14,700 and provide a positive letter of reference for the claimant. However, none of the lawsuits filed in January were publicized. The company also must provide race and color discrimination training to all supervisory and management personnel in its IOB Unit and post a notice reinforcing the company's policies on Title VII. What happens when the EEOC determines that an employer is . Abercrombie & Fitch also agreed to improve hiring, recruitment, training, and promotions policies; revise marketing material; and select a Vice President of Diversity and diversity recruiters. 18, 2012). During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. 131 M Street, NE In October 2007, the EEOC resolved a discrimination lawsuit alleging race and age discrimination for $48,000. EEOC v. for American Casing & Equipment Inc., Civil Action No. Employers, no matter how large, have an obligation under the law to evaluate the individual circumstances of employees with disabilities when considering requests for reasonable accommodations, said Chicago District Director Julianne Bowman. The Commission also ordered training of responsible officials, consideration of discipline, and the posting of a notice but rejected the AJ's award of $6,903.87 in closing costs for complainant's sale of his house as being too speculative to connect to the discriminatory conduct. In February 2011, the EEOC filed suit against an electric company alleging race discrimination. In March 2008, a wholesaler book company settled an EEOC lawsuit alleging that it violated Title VII when the owner verbally harassed a White female employee after he learned she had biracial children such as stating that they were "too dark to be hers." The agreement applies to all ACM facilities and locations nationwide and has extra-territorial application to the extent permitted by Title VII of the 1964 Civil Rights Act. In July 2010, Area Temps, Inc., a northeast Ohio temporary labor agency, agreed to pay $650,000 to resolve an EEOC lawsuit alleging that the company engaged in a systematic practice of considering and assigning (or rejecting) job applicants by race, sex, Hispanic national origin and age. When the supervisor was unable to establish who made the comment, he convened all the welders and threatened disciplinary action if the term was used again. In July 2008, an Oregon video company paid $630,000 to resolve an EEOC lawsuit alleging that two employees, an African American who was converting to Judaism and a Hispanic with some Jewish ancestry, were forced to endure repeated racial, religious, and national origin jokes, slurs and derogatory comments made by employees and upper management since the beginning of their employment in 2005. In October 2019, Breakthru Beverage Illinois, LLC (BBI), a distributor of alcoholic beverages, agreed to pay $950,000 to resolve an investigation of race and national origin discrimination conducted by the EEOC. 06-07766 (C.D. The facility complied with the patient's request by informing Plaintiff "in writing everyday that 'no Black' assistants should enter this resident's room or provide her with care." Specifically, the EEOC alleged that, in addition to paying them less and permitting a White manager to refer regularly to them with the N-word and other derogatory slurs, such as "boy," the company manipulated dosimeters of Black employees assigned to work with radioactive waste to show lower levels of radiation than the actual ones. The two employees complained to management but the harassment allegedly continued. In September 2010, EEOC sued the largest private university in the United States and one of New York City's ten biggest employers for allegedly violating federal law by creating a hostile work environment for an African-born employee that included degrading verbal harassment based on national origin and race. EEOC alleged that Hughes complained to management many times for more than a year regarding the harassment, and that when Day & Zimmerman finally arranged a meeting in response, it disciplined Hughes less than an hour later, and then fired him that same day, citing a false safety violation as a reason. The agency also found that the company discriminated against black and Hispanic employees in the selection of lead positions at the St. Paul facility. In a judgment entered Oct. 9, the district court upheld the jury verdict that AA Foundries must pay punitive damages of $100,000 to former employee Christopher Strickland, $60,000 to former employee Leroy Beal, and $40,000 to former employee Kenneth Bacon. EEOC v. Hospman, LLC , Case No. Alpha Kappa Alpha Sorority, Inc.) disclosed on their resumes, could have served as proxies for race. [email protected] Despite the employees' complaints to management, the alleged race-based harassment continued. The EEOC's lawsuit charged that Murex Petroleum Corp. violated federal law when it subjected an African-American roustabout to racial harassment by his White coworkers. River View Coal LLC, a unit of Alliance Resource Partners LP, also will have to regularly report to the EEOC on its hiring practices for two years to escape the suit, which alleged that the company refused to hire a class of African-American applicants for coal mining jobs at its Waverly, Ky., location since 2008. According to the EEOC's lawsuit, a Puerto Rican store manager allegedly harassed a dark-complexioned Puerto Rican sales associate because of his skin color (e.g., taunting him about his color and asking why he was "so Black") and then fired him for complaining. The consent decree also bolsters supervisor accountability and requires training on the requirements of Title VII for all managers, supervisors, and Human Resources personnel. Co., No. 8:12-cv-00643-EAK-MAP (M.D. See Equal Employment Opportunity Act of 1972, Pub. May 23, 2018. The general manager also talked about a noose and having "friends" visit in the middle of the night as threats to Floyd. The store manager was required to immediately reinstate the sales associate, but then engaged in a series of retaliatory actions designed to generate reasons to terminate him again and/or force the sales associate to resign, the agency alleged. EEOC v. SFI of Tenn. LLC, No. The aggrieved employees alleged that they were restricted to "back of the house" positions such as busboys and runners and refused promotions to "front of the house" positions such as captains, which instead went to Caucasian workers with less experience and seniority. The three-year decree enjoins the company from future discrimination and retaliation on the basis of race or national origin and mandates anti-discrimination and investigation training for all of its employees and supervisors. Miss. 1:11-cv-915 (E.D. The remarks included calling the employee "cricket" and "dumb-dumb" and telling him that "blacks don't get Saturdays off." The decree also required the company to report future complaints of race harassment and any measures taken to investigate and remedy such complaints. In September 2019, the owner of a wedding event space in Kansas City agreed to pay $15,000 to a former part-time employee whom EEOC alleged was the subject of a campaign of intimidation and threats for supporting a co-workers racial discrimination claim. Evidence indicated that the restaurant had a practice of hiring only White people as bartenders. In addition, former employees alleged that Hispanic workers were routinely exposed to racist graffiti, which the company never addressed. In September 2013, Hurley Medical Center entered into a 5-year agreement with the EEOC to settle its lawsuit alleging that a White father reportedly demanded no African-American nurses treat his newborn baby. The jury awarded Spaeth $150,000 in compensatory damages and $125,000,000 in punitive damages after deliberating for three hours following the four-day trial. [2] As the Sixth Circuit explained: "A White employee who is discharged because his child is biracial is discriminated against on the basis of his race, even though the root animus for the discrimination is a prejudice against the biracial child" because "the essence of the alleged discrimination . The EEOCs Chicago District Office is responsible for processing charges of employment discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis. In April 2008, the Tenth Circuit Court of Appeals vacated the district court's decision granting summary judgment to the defendant on the plaintiff's Title VII claim alleging that he was subjected to a racially hostile work environment. In January 2018, a water and waste-water services company in Bear, Delaware paid $150,000 to settle an EEOC lawsuit alleging racial harassment. The Commission's evidence included inculpatory tester evidence and expert testimony indicating that the names and voices of the Black applicants, as well as some of the organizational affiliations (e.g. Finally, the company must keep records of each future complaint related to race, national origin, or retaliation and furnish written reports to the EEOC regarding any potential complaints. The EEOC alleged that the store engaged in color discrimination when a Bangladeshi employee who was assigned to be store manager of a Staten Island location allegedly was told by her district supervisor that Staten Island was a predominantly White neighborhood and that she should change her dark skin color if she wanted to work in the area. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. The consent decree enjoins the company from engaging in racial discrimination. 9:15-cv-04047-CWH-BM (D.S.C. The judgment also assessed $37,197.00 in monetary damages against Ethio Express. Additionally, Diversified must implement a targeted hiring plan that tracks the number and race of applicants, and reason(s) why they are not hired. EEOC also alleged that when the engineer declined to relocate, the provider discharged him. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Compliance Manual Section on Race and Color Discrimination, Significant EEOC Race/Color Cases(Covering Private and Federal Sectors), http://www.hhs.gov/ocr/civilrights/activities/agreements/hurley.html, https://www.clearinghouse.net/detail.php?id=8939. The settlement also requires Hillshire to designate one employee to serve as a point-of-contact for those who feel they've been treated improperly and to punish workers with suspensions and even termination who are found "by reasonable evidence" to have engaged in racial bias or behavior related to it. The jury here recognized, and apparently was quite offended, that Ms. Spaeth lost her job because of needless and unlawful inflexibility on the part of Walmart, said Gregory Gochanour, regional attorney of the EEOCs Chicago District Office. In January 2010, a Georgia car dealership agreed to pay $140,000 to settle a race discrimination suit. The claims included: (1) awarding Black employees less favorable assignments (both terminals); (2) assigning them more difficult and demanding work (both terminals); (3) enforcing break times more stringently (Chicago Heights); (4) subjecting their work to heightened scrutiny (Chicago Heights); and (5) disciplining them for minor misconduct (both terminals). [email protected] Wis. Mar. In addition to the monetary settlement, the company is required to write an apology letter and a positive letter of reference for its former employee. The court affirmed the rest of the district court's judgment. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. The manager complained and the company disciplined and fired him. Mar. EEOC v. OfficeMax North America, Case No. You should also consider the "present value" of money. After the noose incident, the Black employee quit his job and filed a constructive discharge suit. In February 2006, the Commission settled for $275,000 a Title VII lawsuit alleging that defendant, an aviation services company, subjected Charging Party to discriminatory terms and conditions of employment, discipline, and demotion based on race, Black. The lawsuit also claims that Bass Pro punished employees who opposed the company's unlawful practices, in some instances firing them or forcing them to resign. In addition to monetary relief, the consent decree required the owner to provide a signed letter of apology to Kaleemuddin and that the alleged harassing manager alleged be prohibited from ever working again for the company. Corp., No. According to the EEOC's complaint, a Black powder coater at the Bishopville plant was repeatedly subjected to racial slurs by two White employees. Aug. 16, 2011). The complainant suffered debilitating and career-ending shoulder, neck, arm, and back injuries and lapsed into a major depression. According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. The consent decree established a claims fund of $1.3 million and provides substantial injunctive relief, including goals for hiring of Black job applicants for front-of-the-house positions, targeted recruitment efforts, and extensive self-assessment of hiring and work assignment practices to ensure non-discrimination and compliance with the terms of the consent decree. Neil M. v. Dep't of Agric., EEOC Appeal No. Pursuant to the terms of the settlement, BBI also will conduct anti-discrimination training for its Illinois sales force; put in place systems to further encourage diverse applicants for open positions; revise its anti-discrimination policy to expressly reference that it prohibits segregating or making assignments based on race and/or national origin and distribute the revised policy to its Illinois sales force; hire a monitor to track the demographics of employees applying for and receiving offers for specified Illinois sales positions; provide periodic reporting on the demographics of its Illinois sales force for the next two years; and post an internal notification to its Illinois employees of this resolution. The DM, a White female, e-mailed Defendant's Chief Operating Officer in September 2001 expressing her concerns about the exclusion of African Americans and other racial minorities from management positions. Although the employee complained about the harassment to supervisors and reported the assault to the police, he was fired. According to the EEOC's suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job. When advised about the missing money by the store manager, the White cashier asserted she knew nothing about it and was permitted to leave without being searched. The prison officer job would have meant the Hispanic employee would have had as much or greater authority as her current supervisor. Pursuant to the settlement, it is estimated that the union will pay approximately $12.7 million over the next five years and provide substantial remedial relief to partially resolve claims made against the union in 1991-2002. The 2-year consent decree prohibits the company from engaging in sex and race discrimination and retaliation at the three stores. Eventually, the Black employee resigned because he believed he would never be placed in the bartender position. The JATC imposed this severe sanction despite the apprentice satisfactorily completing virtually the entire eight-term program and despite his complaints about inadequate on-the-job training from biased contractors. The consent decree enjoins the restaurant from discriminating based on race in hiring or promotion into the bartender position, requires the restaurant to adopt a written anti-discrimination policy, provide Title VII training to all managers and supervisors, keep records related to any future complaints alleging racial discrimination in hiring or promotion, and submit reports to the EEOC. Even after the assistant alerted NYU that the supervisor had retaliated against him for complaining, such as by fabricating grounds for disciplining him, the university did not stop the harassment. 12-cv-214 (W.D. The company claimed the entire case should be dismissed either because EEOC failed to join the relevant local union, which the company believed was a necessary party to the litigation, EEOC failed to conciliate the discrimination charges, and the plaintiff-intervenors failed to exhaust their administrative remedies. June 20, 2014). The EEOC charged that the company, a New York-based real estate management company, allowed Charles Lesine and Marlin Ware to be harassed from late 2007 to November 2011 at Grandeagle Apartments, a residential complex in Greenville, South Carolina, that DHD managed. The Commission ordered the agency to pay complainant $10,000.00 in compensatory damages and to provide training to all management and staff at the facility. The EEOC filed its lawsuit (EEOC v. Walmart Stores East LP, in the U.S. District Court for the Eastern District of Wisconsin, Case No. The lawsuit alleged that since November 2012, a White manager harassed the worker of Filipino heritage by directing racial slurs ("non-white m----f----r," "non-white guy," "spic," "n----r," "monkey" and "ape") at him, jabbing him with a finger in the stomach and chest, and once urinating on his leg while he worked under a truck. consent decree filed Sep. 8, 2015). In addition to the monetary settlement, the staffing agency will create and publish a written hiring and placement policy prohibiting discrimination, post such policy at its Memphis facilities, and provide race and national origin discrimination awareness training for all recruiters, and onsite personnel. In March 2012, a Warren, Mich.-based painting company which does business in several states, will pay $65,000 to settle a retaliation lawsuit filed by the EEOC. 7:14-cv-00136 (M.D. Pursuant to a consent decree, the chain also agreed to hiring goals with the aim of having 11 percent of its future workforce be African American. EEOC v. King-Lar Co., No. The court rejected the company's claims that the EEOC had failed to state a claim in its complaint and that the suit was barred by laches. June 12, 2012) (granting joint motion to dismiss). Agreeing with the position taken by the Commission as amicus curiae, the court of appeals held that there is no prerequisite degree or type of association between two individuals of different races in order to state a claim for associational discrimination or harassment, so long as the plaintiff can show that she was discriminated against because of her association with a person of a different race.